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Second Amendment to the U.S. Constitution - Bill of Rights

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Preservation and Proposition

Our mission is to document the pivotal Second Amendment events that occurred in Frontier Mercersburg, and its environs, and to heighten awareness of the importance of these events in the founding of our Nation.

We are dedicated to the preservation of the place where the Second Amendment was "born" and to the proposition that the Second Amendment (the "right to bear arms") is the keystone of our Liberty and the Republic.

Tuesday, December 3, 2013

The perennial gun-control debate in America did not begin here. The same arguments for and against were made in the 1920s in the chaos of Germany's Weimar Republic, which opted for gun registration. Law-abiding persons complied with the law, but the Communists and Nazis committing acts of political violence did not.

In 1931, Weimar authorities discovered plans for a Nazi takeover in which Jews would be denied food and persons refusing to surrender their guns within 24 hours would be executed. They were written by Werner Best, a future Gestapo official. In reaction to such threats, the government authorized the registration of all firearms and the confiscation thereof, if required for public safety. The interior minister warned that the records must not fall into the hands of any extremist group.In 1933, the ultimate extremist group, led by Adolf Hitler, seized power and used the records to identify, disarm, and attack political opponents and Jews. Constitutional rights were suspended, and mass searches for and seizures of guns and dissident publications ensued. Police revoked gun licenses of Social Democrats and others who were not politically reliable.

During the five years of repression that followed, society was cleansed by the National Socialist regime. Undesirables were placed in camps where labor made them free, and normal rights of citizenship were taken from Jews. The Gestapo banned independent gun clubs and arrested their leaders. Gestapo counsel Werner Best issued a directive to the police forbidding issuance of firearm permits to Jews.

In 1938, Hitler signed a new Gun Control Act. Now that many enemies of the state had been removed from society, some restrictions could be slightly liberalized, especially for Nazi Party members. But Jews were prohibited from working in the firearms industry, and .22 caliber hollow-point ammunition was banned.

The time had come to launch a decisive blow to the Jewish community, to render it defenseless so that its ill-gotten property could be redistributed as an entitlement to the German Volk. The German Jews were ordered to surrender all their weapons, and the police had the records on all who had registered them. Even those who gave up their weapons voluntarily were turned over to the Gestapo.

This took place in the weeks before what became known as the Night of the Broken Glass, or Kristallnacht, occurred in November 1938. That the Jews were disarmed before it, minimizing any risk of resistance, is the strongest evidence that the pogrom was planned in advance. An incident was needed to justify unleashing the attack.

That incident would be the shooting of a German diplomat in Paris by a teenage Polish Jew. Hitler directed propaganda minister Josef Goebbels to orchestrate the Night of the Broken Glass. This massive operation, allegedly conducted as a search for weapons, entailed the ransacking of homes and businesses, and the arson of synagogues.

SS chief Heinrich Himmler decreed that 20 years be served in a concentration camp by any Jew possessing a firearm. Rusty revolvers and bayonets from the Great War were confiscated from Jewish veterans who had served with distinction. Twenty thousand Jewish men were thrown into concentration camps, and had to pay ransoms to get released.

The U.S. media covered the above events. And when France fell to Nazi invasion in 1940, the New York Times reported that the French were deprived of rights such as free speech and firearm possession just as the Germans had been. Frenchmen who failed to surrender their firearms within 24 hours were subject to the death penalty.

No wonder that in 1941, just days before the Pearl Harbor attack, Congress reaffirmed Second Amendment rights and prohibited gun registration. In 1968, bills to register guns were debated, with opponents recalling the Nazi experience and supporters denying that the Nazis ever used registration records to confiscate guns. The bills were defeated, as every such proposal has been ever since, including recent universal background check bills.

As in Weimar Germany, some well-meaning people today advocate severe restrictions, including bans and registration, on gun ownership by law-abiding persons. Such proponents are in no sense Nazis, any more than were the Weimar officials who promoted similar restrictions. And it would be a travesty to compare today's situation to the horrors of Nazi Germany.

Still, as history teaches, the road to hell is paved with good intentions.

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It All Started Here . . .

Frontier Mercersburg in 1765 was the "birthplace" of the right we now refer to as "the Second Amendment", or, "the right to bear arms". It was here that individuals for the first time, some would say divinely, embraced the link between "Life and Liberty". . . and struck the first blow for Freedom.

Historically the right to bear arms goes back even before our founding as a nation to the Glorious Revolution of 1689 when William III agreed to the English Bill of Rights. If one can look at revolution like a volcanic eruption in nature, you understand that often from the destruction come the seeds of new human values and beliefs. In this case the independence of the human spirit, the right to know God for oneself, and to trust your conscience was hard won in this revolution of the human soul.

One crucible begets the necessity for another and on the frontier in America the right to defend ones religious beliefs was becoming the right to participate in the decisions of government that impact my "self". Freedom of the soul was becoming freedom of the heart and mind. Smith's Rebellion began as an act they justified under the rubric of defending oneself because government had failed in its obligation to protect Life, Liberty and Property. This was the first assertion of this principle aimed directly at British Military Authority as well as the incompetent government of John Penn - anywhere in the colonies.

In the end, Smith's Rebellion was the first armed resistance against British Military Rule leading up to the American Revolution. It was the first American triumph over the best military force in the world. It was the first time upon defending oneself that Americans had proclaimed we can rule ourselves.

It would be ten years before the battles at Lexington and Concord.

...Let Them Take Arms

The "Right to Bear Arms" . . .or 2nd Amendment is one of the most discussed and contentious of all the amendments of the Bill of Rights. It is, in fact, the only amendment that contains not only the seeds but the actual instruments of the revolution itself. Further, it gives real affirmation to Thomas Jefferson's quote . . .

"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."

It is for this reason, if no other, that the Government and its functionaries vociferously assail and obfuscate the text of this simple assertion. More, it is for this reason, and in the face of the perennial onslaught that its defense and affirmation is essential to the survival of the republic.

Frontier Mercersburg & The Justice William Smith House

The frontier town of Mercersburg, PA. in the 1760's, although typical of many settlements along the Appalachian Mountains played a pivotal role in the creation of what was to become the "Bill of Rights".

Frontiersmen like James Smith and the Black Boys, many of whom were inhabitants of the Mercersburg environs, were early participants in a series of conflicts with the British government that established principles the eventually lead to the inclusion of the "right to bear arms" in the Bill of Rights.

Much of the focus, centers on the domicile (and likely place of business) of Justice William Smith.